Tex.
Health & Safety Code Section 253.001
Definitions
(1)
“Commission” means the Health and Human Services Commission.(1-a)
“Consumer” means a resident of or an individual receiving services from a facility covered by this chapter.(1-b)
“Consumer-directed service option” has the meaning assigned by Section 531.051 (Consumer Direction of Certain Services for Persons with Disabilities and Elderly Persons), Government Code.(1-b)
“Consumer-directed service option” has the meaning assigned by Section 546.0101 (Definitions), Government Code.(2)
“Department” means the Department of Aging and Disability Services.(3)
“Employee” means a person who:(A)
works at a facility or for an individual employer;(B)
is an individual who provides personal care services, active treatment, or any other personal services to a consumer or to an individual using the consumer-directed service option; and(C)
is not licensed by an agency of the state to perform the services the employee performs for the individual using the consumer-directed service option or at the facility or is a nurse aide employed by a facility.(3-a)
“Executive commissioner” means the executive commissioner of the Health and Human Services Commission.(4)
“Facility” means:(A)
a facility:(i)
licensed by the department;(ii)
licensed under Chapter 252 (Intermediate Care Facilities for Individuals with an Intellectual Disability); or(iii)
licensed under Chapter 555 (State Supported Living Centers);(B)
an adult foster care provider that contracts with the department;(C)
a home and community support services agency licensed by the department under Chapter 142 (Home and Community Support Services); or(D)
a prescribed pediatric extended care center licensed under Chapter 248A (Prescribed Pediatric Extended Care Centers).(4)
“Facility” means:(A)
a nursing facility licensed by the commission under Chapter 242 (Convalescent and Nursing Facilities and Related Institutions);(B)
an intermediate care facility for individuals with an intellectual disability licensed by the commission under Chapter 252 (Intermediate Care Facilities for Individuals with an Intellectual Disability);(C)
an adult foster care provider that contracts with the commission;(D)
a home and community support services agency licensed by the commission under Chapter 142 (Home and Community Support Services);(E)
a prescribed pediatric extended care center licensed by the commission under Chapter 248A (Prescribed Pediatric Extended Care Centers);(F)
an assisted living facility licensed by the commission under Chapter 247 (Assisted Living Facilities);(G)
a day activity and health services facility licensed by the commission under Chapter 103 (Day Activity and Health Services), Human Resources Code;(H)
a residential child-care facility as defined by Section 42.002 (Definitions), Human Resources Code, at which an elderly person or an adult with a disability resides or is in the facility’s care;(I)
a provider who provides home and community-based services under the home and community-based services (HCS) waiver program or the Texas home living (TxHmL) waiver program; or(J)
a facility that is exempt from licensure under Section 252.003 (Exemptions).(4-a)
“Financial management services agency” means an entity that contracts with the department to serve as a fiscal and employer agent for an individual employer using the consumer-directed service option.(4-b)
“Individual employer” means an individual or legally authorized representative who participates in the consumer-directed service option and is responsible for hiring providers to deliver program services.(5)
“Reportable conduct” includes:(A)
abuse or neglect that causes or may cause death or harm to an individual using the consumer-directed service option or a consumer;(B)
sexual abuse of an individual using the consumer-directed service option or a consumer;(C)
financial exploitation of an individual using the consumer-directed service option or a consumer in an amount of $25 or more; and(D)
emotional, verbal, or psychological abuse that causes harm to an individual using the consumer-directed service option or a consumer.
Source:
Section 253.001 — Definitions, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.253.htm#253.001 (accessed Apr. 29, 2024).
